Legal Opinion

Vargason v. Brunetti

Appellate Division of the Supreme Court of the State of New York

Decided July 3, 1997PublishedCited by 9 opinions

1Opinion of the Court

Petition unanimously dismissed without costs. Memorandum: Petitioner, the District Attorney of Cayuga County, commenced this CPLR article 78 proceeding in the nature of prohibition, seeking to vacate a judgment of Supreme Court. In that judgment, the court granted a petition for a writ of habeas corpus, vacating bail on a charge of contempt in violation of Judiciary Law § 750 and reducing bail on two criminal charges. We conclude that prohibition is not an appropriate remedy in this situation and that the petition should be dismissed.

Prohibition is an extraordinary remedy available only when…

2Cases cited11 opinions

  1. Rush v. MordueNew York Court of Appeals · 1986
  2. People ex rel. Klein v. KruegerNew York Court of Appeals · 1969
  3. People ex rel. Rosenthal v. WolfsonNew York Court of Appeals · 1979
  4. Dondi v. JonesNew York Court of Appeals · 1976
  5. Roberts v. County Court of Wyoming CountyNew York Court of Appeals · 1974

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3Cited by9 opinions

  1. Krieger v. City of RochesterNew York Supreme Court · 2013
  2. Tonawanda Seneca Nation v. NoonanAppellate Division of the Supreme Court of the State of New York · 2014
  3. Henry Oo. v. MainAppellate Division of the Supreme Court of the State of New York · 2003
  4. Budelmann v. LeoneAppellate Division of the Supreme Court of the State of New York · 2014
  5. BUDELMANN, JON E. v. LEONE, HON. THOMAS G.Appellate Division of the Supreme Court of the State of New York · 2014

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